```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 556 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 556

 To provide for aviation noise management and reduction in residential 
                                 areas.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1993

Mr. Zimmer (for himself, Mr. Gallo, and Mr. Torricelli) introduced the 
following bill; which was referred to the Committee on Public Works and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
 To provide for aviation noise management and reduction in residential 
                                 areas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Noise Limit Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The accurate assessment and control of aviation noise 
        impact is necessary to protect the public health and welfare 
        while increasing and improving aviation capacity.
            (2) Airspace management without noise impact assessment and 
        moderation can have a significant impact on an area distant 
        from an airport.
            (3) The Federal system for determining noise impact at 
        airports, which currently serves as the basis of noise 
        compatibility programs receiving Federal assistance, does not 
        adequately protect the public health and welfare.
            (4) The Federal system for determining noise impact at 
        airports does not take into account the characteristics of an 
        area, including the area's proximity to an airport and the 
        area's non-aircraft background noise.
            (5) The Federal system for determining noise impact at 
        airports is less restrictive than the criteria used by many 
        State and local governments, usurping a zoning role normally 
        allocated to the States.
            (6) The Federal system for determining noise impact at 
        airports is inconsistent with the maintenance of accepted 
        interior levels of quiet for existing residences and has been 
        demonstrated unsuccessful in identifying problems and 
        predicting community reaction.
            (7) The Federal system for determining noise impact at 
        airports does not protect against significant disturbances in 
        human activities such as sleep and conversation and promotes 
        Federal interference with the constitutionally protected right 
        to quiet enjoyment of private property.
            (8) Research showing that low levels of noise affects human 
        health and welfare requires changes in Federal programs 
        managing noise levels.
            (9) Population density, background noise levels, and 
        distance from an airport are factors which affect an 
        individual's expectations with respect to aviation noise and an 
        individual's acceptance of aviation noise.
            (10) Changes to the noise environment of a developed and 
        populated area should be treated differently from changes to 
        the noise environment of a nonpopulated or industrial area.

SEC. 3. AVIATION NOISE LIMITS.

    (a) Reduction of Aviation Noise in Areas in the Vicinity of 
Airports.--
            (1) Development of plan.--The Secretary shall develop a 
        staged plan to reduce by at least 75 percent on or before 
        January 1, 2001, the number of individuals residing in 
        residential areas in the vicinity of an airport who are exposed 
        to a yearly day-night average sound level of 60 decibels or 
        above.
            (2) Considerations.--In developing the plan pursuant to 
        paragraph (1), the Secretary shall consider various methods for 
        aviation noise reduction, including soundproofing, relocation 
        incentives, use of quieter aircraft, operations restrictions, 
        and revision of air routes.
            (3) Federal departments and agencies.--As part of the plan 
        to be developed pursuant to paragraph (1), the Secretary shall 
        make recommendations on actions and policy changes on the part 
        of Federal departments and agencies (including but not limited 
        to the Department of Transportation) which could assist in 
        meeting the objective described in paragraph (1).
            (4) Modification of regulations.--The Secretary shall 
        modify regulations issued pursuant to section 102 of the 
        Aviation and Safety Noise Abatement Act of 1979 to assist in 
        meeting the objective described in paragraph (1).
    (b) Management and Reduction of Aviation Noise in Other Areas.--
            (1) Airspace traffic changes.--Beginning on the date of the 
        enactment of this Act, the Administrator may make an airspace 
        traffic change only if the Administrator determines that the 
        change will not result in an increase in aviation noise in 
        violation of paragraph (2).
            (2) Requirements.--A violation of any of the following 
        requirements, which apply only to residential areas that are 
        not in the vicinity of an airport, shall be considered to be a 
        violation of this paragraph:
                    (A) Hourly average sound level.--The hourly average 
                sound level, with combined aviation and nonaviation 
                sources, over any 1-hour period may not exceed 6 
                decibels above the background sound level for such 1-
                hour period.
                    (B) Single event maximum sound level.--Under normal 
                circumstances, the single event maximum sound level--
                            (i) may not exceed 70 decibels;
                            (ii) during nighttime hours, may not exceed 
                        55 decibels; and
                            (iii) may not be more than 20 decibels 
                        above the background sound level for the 1-hour 
                        period in which the event occurs.
                The requirement of this subparagraph shall be 
                considered to have been met if there are no more than 3 
                violations of the limits contained in this subparagraph 
                in a 24-hour period.
                    (C) Day-night average sound level.--If the day-
                night average sound level, with combined aviation and 
                nonaviation sources, exceeds 45 decibels, then aviation 
                activity may not contribute more than 3 decibels to 
                such sound level.
            (3) Past airspace traffic changes.--The Administrator shall 
        review airspace traffic changes made by the Administrator which 
        continue to be subject to significant complaint or controversy 
        and shall take such actions as may be necessary to ensure that 
        such air traffic changes do not result in increases in aviation 
        noise which violate aviation noise limits contained in 
        paragraph (2).
    (d) Determination of Vicinity of Airport.--
            (1) Alternative boundaries.--In the event that operations 
        procedures of an airport result in a ground noise distribution 
        substantially different from the geographic area defined in 
        section 4(10), an airport operator may, on or before the 180th 
        day following the date of the enactment of this Act, transmit 
        to the Secretary for approval alternative boundaries of the 
        vicinity of the airport which conform to the ground noise 
        distribution of the airport; except that the geographic area 
        enclosed by such alternative boundaries may not include an area 
        with a day-night average sound level of less than 60 decibels 
        for the 1-year period ending on the date of the enactment of 
        this Act.
            (2) Acquisition of property.--In the event that an airspace 
        traffic change or other action makes it unfeasible or 
        impracticable to meet the sound level limits contained in 
        subsection (b) within a residential area, then such area may be 
        added to the area considered to be in the vicinity of the 
        airport upon acquisition of the property or by acquisition of 
        easements to the property by the airport operator or the 
        Secretary of Transportation.
    (e) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report 
containing the plan to be developed pursuant to subsection (a)(1), and 
a description of actions taken with respect to airspace changes 
pursuant to subsection (b)(3), together with recommendations for 
appropriate administrative and legislative actions.

SEC. 4. RESPONSIBILITY OF SECRETARY OF TRANSPORTATION.

    In complying with this Act, the Secretary of Transportation shall 
assume responsibility for all non-military aviation activity, within 
and outside controlled airspace, and shall regulate such activity to 
ensure compliance with the requirements of this Act in normal 
circumstances.

SEC. 5. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Airspace traffic change.--The term ``airspace traffic 
        change'' means a change in aircraft flight paths, operating 
        procedures, nature of aircraft traffic, and quantity of 
        aircraft traffic which is applicable in normal circumstances.
            (3) Average sound level.--The term ``average sound level'' 
        means the level, in decibels, of the mean-square, A-weighted 
        sound pressure during a specified period, with reference to the 
        square of the standard reference sound pressure of 20 
        micropascals.
            (4) Background sound level.--The term ``background sound 
        level'' means the hourly average sound level, in decibels, 
        measured at a site representative of a relatively quiet 
        residential location within an area (with aircraft noise 
        contributions excluded).
            (5) Day-night average sound level.--The term ``day-night 
        average sound level'' means the 24-hour average sound level, in 
        decibels, for the period from midnight to midnight, obtained 
        after the addition of 10 decibels to sound levels during 
        nighttime hours.
            (6) Nighttime hours.--The term ``nighttime hours'' means 
        the periods between midnight and 7 a.m. and between 10 p.m. and 
        midnight local time.
            (7) Normal circumstances.--The term ``normal 
        circumstances'' means all circumstances other than unusually 
        adverse weather and emergency circumstances.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) Single event maximum sound level.--The term ``single 
        event maximum sound level'' means the level, in decibels, of 
        the maximum A-weighted sound pressure during an aircraft 
        overflight obtained using a standard sound level meter under a 
        slow response setting.
            (10) Vicinity of an airport.--The term ``vicinity of an 
        airport'' means the geographic area surrounding an airport 
        established before the date of the enactment of this Act 
        described nominally as follows:
                    (A) The area extending in all directions a distance 
                of 1.5 miles from each runway established before such 
                date of the enactment.
                    (B) The rectangular area defined by drawing a 
                straight center line a distance of 4 miles from the end 
                of each runway established before such date of the 
                enactment in the direction of heaviest traffic and 
                extending 1.5 miles perpendicular from the center line 
                on each side of such runway.

                                 <all>
```